News – San Luis County Hearing November 17, 2023
Good afternoon everyone, NRWMAC is very pleased to announce another positive hearing on November 17th, 2023. The court room was again filled with supporters who came to show Judge Kelley and the General Manager of Monterey County Water Resources just how important this issue is to the public of San Luis Obispo County.
Once again, a heartfelt THANK-YOU goes out to everyone who answered NRWMAC’s call for support and came to the hearing! Again, you made a HUGE impact that day and we are grateful you were there with us!
The purpose of the Hearing was to resolve the status of the State Water Board Report (SWBR) and more importantly to lift the stay that has held our lawsuit from proceeding until the SWBR was adopted.
The main questions were how to view the report, (as a final report, or a work in progress), and then how to view the findings of the report (as a piece of evidence to be argued or as final prima facia evidence). The SWBR had some really great findings to support our case like the fact that the 180,000 acre feet release schedule is based on the ability of the Salinas river to absorb and store the water, and to release more than that is a waste to be avoided except for flood control releases during the winter.
Some of the items listed in the SWBR were off the rails with wild assumptions about the new 30 day rule, that states that the water in the reservoir that passes through the reservoir in less than 30 days, doesn’t count towards their release schedule. And also that somehow the release schedule should be considered on a calendar year and not the water year, that all water agencies including Monterey County has used for all their planning purposes.
Not knowing how the judge would accept the findings of the SWBR, NRWMAC initially had argued that the report was not final and should go back to the State Water Board for review since it was really only the opinion of one anonymous staffer. However, the evening before the hearing, Judge Kelley issued a tentative ruling that made it clear that he also had serious doubts about the findings of the report and was not about to consider it as Prima facia evidence. Judge Kelley was also inclined to accept the report as final, which our attorneys agreed not to contest, since to do so would delay our trial another year or more as the State Water Board reviewed it.
The results of the hearing were to accept the SWBR, and to lift the stay on our lawsuit so that the case can proceed and for the parties to meet again to begin discovery. Judge Kelley set a case management conference for January 12, 2024 at 11:00 AM to review the progress that is being made and to begin setting a date for the trial to proceed.
NRWMAC attorneys have a long list of items of discovery that they have continued to ask for from Monterey County, so these items can become official evidence. These items include documents that show how recreation was an important, and in some cases a primary, purpose for the creation of the lake and support our case that recreational purposes are not being adequately prioritized in Monterey Counties operation of the lake.
NRWMAC has a lot of work to do. The case is heating up. Our legal team needs to prepare to be back in court in under two months to continue holding Monterey County accountable and make a difference! Now, more than ever, financial support is needed from lake property owners, visitors, sports enthusiasts, and farmers.
We are asking for your dollar donations at this critical time. Attorney fees, research funding, and legal support are very costly. Generous people like you are the ONLY source of funds supporting NRWMAC efforts to correct and hold Monterey County accountable for water mismanagement at Lake Nacimiento. Even if you previously donated, we urgently need you to keep supporting our efforts NOW.
Clicking a link below will take you directly to a donation site. If you prefer to write a check, please make it out to NRWMAC and mail to: NRWMAC, PO BOX 398, Paso Robles, CA 93447.
We Need Your Support
Shortly, we will be back in court fighting the major battle with Monterey. It’s very costly to fund our hardworking legal team. Now more than ever, we need you to support NRWMAC’s efforts on your behalf. We urgently need an influx of dollar donations at this time.
The links below will take you directly to GoFundMe or PayPal Private Donation sites to conveniently make a donation. If you prefer to write a check, please make it out to NRWMAC and mail to: NRWMAC, PO BOX 398, Paso Robles, CA 93447
GoFundMe:
www.gofundme.com/lake-nacimiento-save-the-dragon
Private donations:
www.nrwmac.org/save-the-dragon/donate-today
Thank you for your continued support.
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– Links to more documents and the NRWMAC Legal Actions can be found here : NRWMAC Knowledge Base
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SAVE THE DRAGON
Events Update October 28, 2023
Good afternoon, everyone. We have a quick update on upcoming events that you may or may not be aware of and might be interested in attending.
NRWMAC Lawsuit Hearing: November 17, 2023, at 1:30 p.m.
The last court hearing in September was a big win for NRWMAC and Lake Nacimiento in many ways, and a heartfelt THANK-YOU goes out to everyone who answered our call for support and came to the hearing! You made a HUGE impact that day, and we are grateful you were there with us!
It’s almost time for the next hearing, and again, NRWMAC needs YOU to show your support for proper water management and water releases by joining us in court this time too. We want Judge Kelley and Monterey County to see that NRWMAC and local community support are in this for the long haul!
Upcoming NRWMAC Lawsuit Hearing Information
Date: Friday, November 17, 2023, 2023
Time: 1:30 p.m. (Starts promptly, please come a bit early.)
Location: California Superior Court of San Luis Obispo County, Paso Robles Branch
Address: 901 Park Street, Dept. #2, Paso Robles, CA 93446
News – San Luis County Hearing October 4, 2023
Good afternoon, everyone. What a pleasure it is to provide encouraging news about our lawsuit today. With a new San Luis Obispo judge in charge of our case and the incredible Lake Nacimiento supporter turnout at our last court hearing, things are finally looking up!
After many delays during the COVID pandemic and legal skirmishes between the parties, the NRWMAC lawsuit has reached a critical — and exciting! — turning point. Over a year ago, the San Luis Obispo County judge in charge of our lawsuit asked the California State Water Resource Control Board to opine in a report about some of the technical issues he felt unqualified to rule on.
Concurrently, NRWMAC board members and their attorneys attended Sacramento hearings and meetings with the state water board to make that report advantageous to our lawsuit and to show how Monterey County has been over its yearly water release limits.
The state water board completed its report and submitted it at the latest court hearing on September 26, 2023. NRWMAC and Monterey County filed their required report responses to the court. Certain aspects of the report supported our cause, and others were just plain wrong. At the hearing, the NRWMAC legal team pursued these points of contention, pointed out the mistakes in the report, and requested they be corrected or removed.
At the same hearing held in the California Superior Court of San Luis Obispo County, Paso Robles Branch, a new judge, who now presides over our case, was introduced: Judge Michael Kelley. We were highly impressed with his preparation, attentiveness, and reasoning. He said, “That ours is not a typical case. Instead, it is robust and complicated.”
Judge Kelley continued by saying he wants to move this case ahead expeditiously and wants everyone heard. To NRWMAC, this was an enormously promising statement and advance in our lawsuit, and a defining moment of victory for Lake Nacimiento supporters. The judge further directed the parties to meet and confer, to start talking to each other, and to try to resolve our issues. These are things that NRWMAC has been trying to get Monterey County to do for years. Now they are compelled to do them by court order.
And the news gets even better. Judge Kelly set a specific time line for the next hearing in November of this year. The judge did not accept the state water board report as requested by Monterey County. Indeed, he pointed out that the state water board report had some conclusions that were not supported by facts. He cited a specific example of this and suggested that the parties needed to show evidence supporting or refuting the state water board’s reported conclusions.
Back in early September, when the NRWMAC board of directors first learned about the September 27, 2023, hearing, an announcement went out immediately to our constituents to join us in the courtroom to show the judge the strength of the support for Lake Nacimiento optimal lake levels and the opposition to Monterey County’s water release mismanagement. Did our supporters show up? Yes, they did – and how! Crowding the courtroom, standing in the doorway, and trailing down the hallway, they knocked the socks off Judge Kelley by showing how important these issues are to so many!
Judge Kelley noted that he had never seen his courtroom so full of interested people. He went on to opine that: “This must be an issue that impacts lots of folks.” He was, and is, correct — 5,500 residents live at Lake Nacimiento and are directly affected by the lake water levels. Additionally, many San Luis Obispo County residents and out-of-town visitors enjoy weekend and vacation recreation at the lake.
A heartfelt THANK-YOU goes out to everyone who answered NRWMAC’s call for support and came to the hearing! You made a HUGE impact that day and we are grateful you were there with us!
The September hearing was a big win for NRWMAC in many ways. But it is certainly not the final ruling on our lawsuit.
The next hearing date is November 17, 2023, at 1:30 p.m. You are encouraged to attend and invite your concerned family, friends and neighbors. We will be in touch with more information closer to the hearing date. Mark your calendar NOW as the holiday season is quickly approaching.
NRWMAC has a lot of work to do. The case is heating up. Our legal team needs to prepare to be back in court in under two months to continue holding Monterey County accountable and make a difference! Now, more than ever, financial support is needed from lake property owners, visitors, sports enthusiasts, and farmers.
NRWMAC and Monterey must submit narrative briefs (not the usual forms — these are more complex to write), for the Case Management Conference. Per court order, parties must also meet and confer in preparation for the November hearing. These are necessary steps and we cannot afford to lose our forward-moving momentum.
We are asking for your dollar donations at this critical time. Attorney fees, research funding, and legal support are very costly. Generous people like you are the ONLY source of funds supporting NRWMAC efforts to correct and hold Monterey County accountable for water mismanagement at Lake Nacimiento. Even if you previously donated, we urgently need you to keep supporting our efforts NOW.
Clicking a link below will take you directly to a donation site. If you prefer to write a check, please make it out to NRWMAC and mail to: NRWMAC, PO BOX 398, Paso Robles, CA 93447.
We Need Your Support
Shortly, we will be back in court fighting the major battle with Monterey. It’s very costly to fund our hardworking legal team. Now more than ever, we need you to support NRWMAC’s efforts on your behalf. We urgently need an influx of dollar donations at this time.
The links below will take you directly to GoFundMe or PayPal Private Donation sites to conveniently make a donation. If you prefer to write a check, please make it out to NRWMAC and mail to: NRWMAC, PO BOX 398, Paso Robles, CA 93447
GoFundMe:
www.gofundme.com/lake-nacimiento-save-the-dragon
Private donations:
www.nrwmac.org/save-the-dragon/donate-today
1The lawsuit can be viewed in its entirety here: www.nrwmac.org/knowledge-base
2A NRWMAC representative attends all the Monterey County Reservoir Operations Committee meetings (“RESOPS”) to ensure that its constituents’ voices are heard. (NRWMAC has a seat on the RESOPS board as a result of a prior lawsuit against Monterey County.) Members of the NRWMAC Board of Directors conduct outreach meetings and have participated in media interviews in order to apprise the public of developments concerning the lake. And it has filed lawsuits and complaints with state regulatory agencies to protect the lake and its constituents.]
Thank you for your continued support.
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– Links to more documents and the NRWMAC Legal Actions can be found here : NRWMAC Knowledge Base
